GOVERNMENT OF MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. VII OF 1981

THE MAHARASHTRA PREVENTION OF
COMMUNAL, ANTI-SOCIAL AND OTHER
DANGEROUS ACTIVITIES
ACT, 1980

(  As  modified  upto  the  22nd  November  2012  )

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS  AND  STATIONERY
STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
MUMBAI–400  004.

2013

[Price  : Rs.  5.00]

MAHARASHTRA   PREVENTION  OF  COMMUNAL , ANTI-SOCIAL
AND  OTHER  DANGEROUS  ACTIVITIES  ACT, 1980

(i)

————

CONTENTS

PREAMBLE.
SECTIONS.

1.

Short title, extent, commencement and application.

2. Definitions.

3.

Power  to  make  orders  detaining  certain  persons.

4. Execution  of  detention  orders.

5.

Power  to  regulate  place  and  conditions  of  detention.

6. Detention  orders  not  to  be  invalid  or  inoperative  on  certain  grounds.

7.

Powers  in  relation  to  absconding  persons.

8. Grounds of order of detention to be disclosed to persons affected by the order.

9. Constitution  of  Advisory  Boards.

10. Reference  to Advisory  Boards.

11.

Procedure  of Advisory  Boards.

12. Action  upon  the  report  of  Advisory  Boards.

13. Maximum period of detention.

14. Revocation  of  detention  orders.

15. Temporary  release  of  persons  detained.

16.

Protection  of  action  taken  under  the Act.

17. Amendment of section 56 of Bom. XXII of 1951.

18. Amendment of section 151 of Act II of 1974.

19. Repeal of Mah. Ord. VII of 1980 and saving.

———

H  159-1

MAHARASHTRA  ACT No.  VII  of  19811
[THE  MAHARASHTRA  PREVENTION OF  COMMUNAL, ANTI-SOCIAL AND OTHER
DANGEROUS ACTIVITIES ACT, 1980.]
2[This Act  received  the  assent  of  the  President  on  the  22nd  January  1981 ;  assent
was  first  published  in  the Maharashtra  Government  Gazette, Part  IV,  on  the
23rd  January,  1981.]

An Act  to  provide  for  prevention  of  communal,  anti-social  and  other  dangerous
activities  in  Maharashtra  and  for  matters  connected  therwtih.

WHEREAS  both  Houses  of  the  State  Legislature  were  not  in  session ;

AND WHEREAS  the Governor  of Maharashtra  was satisfied  that  circumstances  existed
which  rendered  it  necessary  for  him  to  take  immediate  action  to  make  a  law  to  provide
for  the  prevention  of  communal,  anti-social  and  other  dangerous  activities  in  the  State
of  Maharashtra  and  for  matters  connected  therewith ;  and,  therefore,  promulgated  the
Maharashra  Prevention  of  Communal,  Anti-social  and  other  Dangerous  Activities
Ordinance,  1980  on  the  27th August,  1980 ;

AND  WHEREAS  it  is  expedient  to  replace  the  said  Ordinance  by  an Act  of  the  State
Legislature,  with  modifications  on  account  of  certain  corresponding  provisions  in  the
National  Security  Ordinance,  1980,  promulgated  by  the  President  of  India,  which  has
come  into  force  on  the  23rd  September,  1980 ;  It  is  hereby  enacted  in  the Thirty-first
Year  of  the  Republic  of  India  as  follows  :—

1. (1) This Act  may  be  called  the  Maharashtra  Prevention  of  Communal, Anti-social

Mah.
Ord.
VII  of
1980.

Ord.
XI  of
1980.

and  other  Dangerous Activities Act,  1980.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.
(3) It  shall  be  deemed  to  have  come  into  force  on  the  27th August  1980.

  Ord.
XI  of
1980.

(4) Sections  2  to  16  of  this Act  shall,  from  the  commencement  of  the  National
Security  Ordinance, 1980,  on the  23rd  September  1980, apply,  and  shall  be  deemed  to
have  applied,  only  to  the  orders  of  detention  made  or  deemed  to  have  been  made
under  this Act  before  the  23rd  September,  1980.

Short  title,
extent,
commence-
ment  and
application.

2.

In  this Act,  unless  the  context  otherwise  requires,—

Definitions.

(a) "acting  in  any  manner  prejudicial  to  the  maintenance  of  public  order"  means—
(i) propagating,  promoting,  or  attempting  to  create,  or  otherwise  functioning  in
such  a  manner  as  to  create,  feelings  of  enmity  or  hatred  or  disharmony  on  grounds
of  religion,  race,  caste,  community  or  language  of  any  persons  or  class  of  persons ;
(ii) making  preparations  for  using,  or  attempting  to  use,  or  using,  or  instigating,
inciting  or  otherwise  abetting  the  use  of  any  lethal  weapons  (including  firearms
and  explosives,  inflammable  or  corrosive  substances),  where  such  preparations,
using,  attempting,  instigating,  inciting  or  abetting,  disturbs,  or  is  likely  to  disturb,
public  order ;

(iii) attempting  to  commit,  or  committing,  or  instigating,  inciting  or  otherwise
abetting  the commission  of, mischief  within the  meaning of  section 425  of the  Indian
Penal  Code  in  respect  of  public  property  or  means  of  public  transportation,  where
the  commission  of  such  mischief  disturbs,  or  is  likely  to  disturb,  public  order ;

1. For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette,  1980,  Part  V,

page  328.

XLV
o f
1860.

2

 Maharashtra Prevention of Communal, Anti-social
and other Dangerous Activities  Act, 1980

[ 1981 : Mah. VII

(iv) committing  offences  punishable  with  death  or  imprisonment  for  life  or
imprisonment  for  a  term  extending  to  seven  years  or  more,  where  the  commission
of  such  offences  disturbs,  or  is  likely  to  disturb,  public  order.

Explanation.—In  this  clause,—

(A) "firearms"  shall  have  the  same  meaning  as  in  the Arms Act,  1959 ;

(B) "explosive  substances"  shall  have  the  same  meaning  as  in  the  Explosive

Substances Act,  1908 ;

(C) "public  property"  means  any  property  owned  or  controlled  by  the  Government
or  by  a  Corporation  owned  or  controlled  by  the  Government  or  by  a  society  financed
wholly  or  substantially  by  the  Government ;

(b) "dention  order"  means  an  order  made  under  section  3 ;

(c) "detenu"  means  a  person  detained  under  a  detention  order.

LIV
o f
1959.

VI  of
1908.

Power  to
make    orders
detaining
certain
persons.

3.

(1) The  State  Government  may,  if  satisfied  with  respect  to  any  person  that  with
a  view  to  preventing  him  from  acting  in  any  manner  prejudicial  to  the  maintenance  of
public  order,  it  is  necessary  so  to  do,  make  an  order  directing  that  such  person  be
detained.

(2) Any  of  the  following  officers,  namely  :—

(a) District  Magistrates,

(b) Additional  District  Magistrates  specially  empowered  in  this  behalf  by  the  State

Government,

(c) Commissioners  of  Police,

may  also,  if  satisfied  as  provided  in  sub-section  (1),  exercise  the  powers  conferred  by
the  said  sub-section.

(3) When  any  order  is  made  under  this  section  by  an officer  mentioned in  sub-section
(2),  he  shall  forthwith  report  the  fact  to  the  State  Government,  together  with  grounds  on
which  the  order  has  been  made  and  such  other  particulars  as  in  his  opinion  have  a
bearing  on  the  matter,  and  no  such  order  shall  remain  in  force  for  more  than  twelve
days  after  the  making  thereof,  unless  in  the  meantime  it  has  been  approved  by  the  State
Government.

Execution  of
detention
orders.

4. A  detention  order  may  be  executed  at  any  place  in  the  State  in  the  manner
provided  for  the  execution  of  warrants  of  arrest  under  the  Code  of  Criminal  procedure,
1973.

2  of
1974.

Power  to
regulate
place  and
conditions  of
detention.

5. Every  person  in  respect  of  whom  a  detention  order  has  been  made  shall  be

liable—

(a) to  be  detained  in  such  place  and  under  such  conditions,  including  conditions
as  to  maintenance,  discipline  and  punishment  for  breaches  of  discipline,  as  the  State
Government  may,  by  general  or  special  order,  specify ;  and

(b) to  be  removed  from one  place  of  detention  to  another place  of detention,  within

the  State,  by  order  of  the  State  Government.

Detention
orders  not  to
be  invalid  or
inoperative
on  certain
grounds.

Powers  in
relation  to
absconding
persons.

1981 : Mah. VII ]

 Maharashtra Prevention of Communal, Anti-social
and other Dangerous Activities  Act, 1980

3

6. No  detention  order  shall  be  invalid  or  inoperative  merely  by  reason—

(a) that  the  person  to  be  detained  thereunder  though  within  the  State  is  outside

the  limits  of  the  territorial  jurisdiction  of  the  officer  making  the  order,  or

(b) that  the  place  of  detention  of  such  person  though  within  the  State  is  outside

the  said  limits.

7. (1) If  the  State  Government  or  an  officer  mentioned  in  sub-section  (2)  of  section
3,  as  the  case  may  be,  has  reason  to  believe  that  a  person  in  respect  of  whom a  detention
order  has  been  made  has  absconded  or  is  concealing  himself  so  that  the  order  cannot
be  executed,  that  Government  or  officer  may—

(a) make  a  report  in  writing  of  the  fact  to  a  Metropolitan  Magistrate  or  a  Judicial
Magistrate  of  the  first  class  having  jurisdiction  in  the  place  where  the  said  person
ordinarily  resides ;  and  thereupon  the  provisions  of  sections  82  to  86  (both  inclusive)
of  the  Code  of  Criminal  Procedure,  1973,  shall  apply  in  respect  of  such  person  and
his  property  as  if  the  order  directing  that  he  be  detained  were  a  warrant  issued  by
the  Magistrate ;

(b) by  order  notified  in  the Official Gazette direct  the  said  person  to  appear  before
such  officer,  at  such  place  and  within  such  period  as  may  be  specified  in  the  order ;
and  if  the  said  person  fails  to  comply  with  such  direction,  unless  he  proves  that  it
was  not  possible  for  him  to  comply  therewith  and  that  he  had,  within  the  period
specified  in  the  order,  informed the  officer  mentioned  in  the  order  of  the  reason  which
rendered  compliance  therewith  impossible  and  of  his  whereabouts  or  proves  that  it
was  not  possible  for  him  to  so  inform  the  officer  mentioned  in  the  order,  he  shall,  on
conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend  to  one  year,
or  with  fine,  or  with  both.

II  of
1974.

II  of
1974.

(2) Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973,

every  offence  under  clause  (b)  of  sub-section  (1)  shall  be  congnizable.

8. (1) When  a  person  is  detained  in  pursuauce  fo  a  detention  order,  the  authority
making  the  order  shall,  as  soon  as  may  be,  but  not  later  than  five  days  from  the  date  of
detention,  communicate  to  him  the  grounds  on  which  the  order  has  been  made  and  shall
afford  him  the  earliest  opportunity  of  making  a  representation  against  the  order  to  the
State  Government

Grounds  of
order  of
detention  to
be  disclosed
to  persons
affected  by
the  order.

(2) Nothing  in  sub-section  (1)  shall  require  the  authority,  to  disclose  facts  which

it  considers  to  be  against  the  public  interest  to  disclose.

9. (1) The  State  Government  shall,  whenever  necessary,  constitute  one  or  more

Advisory  Boards  for  the  purposes  of  this  Act.

(2) Every  such  Board  shall  consist  of  a  Chairman  and  two  other  members,  who
are,  or  have  been,  Judges  of  the  High  Court  or  who  are  qualified  under  the  Constitution
of  India  to  be  appointed  as  Judges  of  the  High  Court.

10.

In  every  case  where  a  detention  order  has  been  made  under  this Act,  the
State  Government  shall,  within  thirty  days  from  the  date  of  detention  of  a  person  under
the  order,  place  before  the Advisory  Board  constituted  by  it  under  section  9  the  grounds
on  which  the  order  has  been  made  and  the  representation,  if  any,  made  by  the  person
affected  by  the  order,  and  in  the  case  where  the  order  has  been  made  by  an  officer,  also
the  report  by  such  officer  under  sub-section  (3)  of  section  3.

Constitution
of  Advisory
Boards.

Reference  to
Advisory
Boards.

Procedure  of
Advisory
Boards.

4

 Maharashtra Prevention of Communal, Anti-social
and other Dangerous Activities  Act, 1980

[ 1981 : Mah. VII

11. (1) The Advisory  Board  shall,  after  considering  the  material  placed  before  it  and,
after  calling  for  such  further  information  as  it  may  deem  necessary  from  the  State
Government  or  from  any  perosn  called  for  the  purpose  though  the  State  Government  or
from  the  person  concerned,  and  if,  in  any  particular  case,  the Advisory  Board  considers
it  essential  so  to  do  or  if  the  person  concerned  desires  to  be  heard,  after  hearing  him  in
person,  submit  its  report  to  the  State  Government  within  seven  weeks  from  the  date  of
detention  of  the  person  concerned.

(2) The  report  of  the Advisory  Board  shall  specify  in  a  separate  part  thereof  the
opinion  of  the  Advisory  Board  as  to  whether  or  not  there  is  sufficient  cause  for  the
detention  of  the  person  concerened.

(3) When  there  is  a  difference  of  opinion  among  the  members  forming  the Advisory
Board,  the  opinion  of  the  majority  of  such  members  shall  be  deemed  to  be  the  opinion
of  the  Board.

(4) The  proceedings  of  the Advisory  Board  and  its  report,  excepting  that  part  of  the

report  in  which  the  opinion  of  the Advisory  Board  is  specified,  shall  be  confidential.

(5) Nothing  in  this  section  shall  entitle  any  person  against  whom  a  detention  order
has  been  made  to  appear  by  any  legal  practitioner  in  any  matter  connected  with  the
reference  to  the Advisory  Board.

Action  upon
the  report  of
Advisory
Board.

12. (1) In  any  case  where  the Advisory  Board  has  reported  that  there  is  in  its  opinion
sufficient  cause  for  the  detention  of  a  person,  the  State  Government  may  confirm  the
detention  order  and  continue  the  detention  of  the  person  concerned  for  such  period  as
it  thinks  fit.

Maximum
period  of
detention.

Revocation
of  detention
orders.

(2) In  any  case  where  the Advisory  Board  has  reported  that  there  is  in  its  opinion
no  sufficient  cause  for  the  detention  of  the  person  concerned,  the  State  Government
shall  revoke  the  detention  order  and  cause  the  person  to  be  released  forthwith.

13. The  maximum  period  for  which  any  person  may  be  detained  in  pursuance  of  any
detention  order  made  under  this Act  which  has  been  confirmed  under  section  12  shall
be  six  months  from  the  date  of  detention.

14. (1) Without  prejudice  to  the  provisions  of  section  21  of  the  Bombay  General
Clauses Act,  1904,  a  detention  order  may,  at  any  time,  be  revoked  or  modified  by  the
State  Government,  notwithstanding  that  the  order  has  been  made  by  an  officer  mentioned
in  sub-section  (2)  of  section  3.

Bom.
I  of
1904.

(2) The  revocation  or  expiry  of  a  detention  order  shall  not  bar  the  making  of  a  fresh
detention  order  under  section  3  against  the  same  person  in  any  case  where  fresh  facts
have  arisen  after  the  date  of  revocation  or  expiry  on  which  the  State  Government  or  an
officer,  as  the  case  may  be,  is  satisfied  that  such  an  order  should  be  made.

Temporary
release  of
persons
detained.

15. (1) The  State  Government  may,  at  any  time,  direct  that  any  person  detained  in
pursuance  of  a  detention  order  may  be  released  for  any  specified  period,  either  without
conditions  or  upon  such  conditions  specified  in  the  direction  as  that  person  accepts,
and  may,  at  any  time,  cancel  his  release.

(2) In  directing  the  release  of  any  detenu  under  sub-section  (1),  the  State  Government
may  require  him  to  enter  into  a  bond  with  or  without  sureties  for  the  due  observeance
of  the  conditions  specified  in  the  direction.

1981 : Mah. VII ]

 Maharashtra Prevention of Communal, Anti-social
and other Dangerous Activities  Act, 1980

5

(3) Any  person  released  under  sub-section  (1)  shall  surrender  himself  at  the  time
and  place,  and  to  the  authority,  specified  in  the  order  directing  his  release  or  canceling
his  release,  as  the  case  may  be.

(4) If  any  person  fails  without  sufficient  cause  to  surrender  himself  in  the  manner
specified  in  sub-section  (3),  he  shall,  on  conviction,  be  punished  with  imprisonment  for
a  term  which  may  extend  to  two  years,  or  with  fine,  or  with  both.

(5) If  any  person  released  under  sub-section  (1)  fails  to  fulfil  any  of  the  conditions
imposed  upon  him  under  the  said  sub-section  or  in  the  bond  entered  into  by  him,  the
bond  shall  be  declared  to  be  forfeited  and  any  person  bound  thereby  shall  be  liable  to
pay  the  penalty  thereof.

16. No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against  the  State
Government  or  any  officer  or  person  for  anything  in  good  faith  done  or  intended  to  be
done  in  pursuance  of  this  Act.

Protection
of  action
taken  under
the  Act.

Amendment
of  section
56  of  Bom.
XXII  of
1951.

Amendment
of  section
151  of  Act
II  of  1974.

Bom.
XXII
o f
1951.

Mah.
VII  of
1981.

VII  of
1980.

II  of
1974.

17.

In  section  56  of  the *Bombay  Police Act,  1951,—

(a) after  the  words  "their  person  or  property,  or"  the  following  shall  be  inserted,

namely  :—

"(bb)  that  there  are  reasonable  grounds  for  believing  that  such  person  is  acting  or
is  about  to  act  (1)  in  any  manner  prejudicial  to  the  maintenance  of  public  order  as
defined  in  the  Maharashtra  Prevention  of  Communal, Anti-social  and  other  Dangerous
Activities Act,  1980,  or  (2)  in  any  manner  prejudicial  to  the  maintenance  of  supplies
of  commodities  essential  to  the community  as defined  in the  Explanation  to  sub-section
(1)  of  section  3  of  the  Prevention  of  Blackmarketing  and  Maintenance  of  Supplies  of
Essential  Commodities Act,  1980,  or  "

(b) after  the  words  "violence  and  alarm"  the  words  "or  such  prejudicial  act"  shall

be  inserted.
18.

In  section  151  of  the  Code  of  Criminal  Procedure,  1973,  in  its  application  to  the

State  of  Maharashtra,—

(a) in  sub-section  (2),  after  the  words  "required  or  authorised"  the  words,  brackets

and  figure  "under  sub-section  (3)  of"  shall  be  inserted  ;

(b) after  sub-section  (2),  the  following  sub-section  shall  be  inserted,  namely  :—
"(3)  (a) Where  a  person  is  arrested  under  this  section  and  the  officer  making
the  arrest,  or  the  officer  in  charge  of  the  police  station  before  whom  the  arrested
person  is  produced,  has  reasonable  grounds  to  believe  that  the  detention  of  the
arrested  person  for  a  period  longer  than  twenty-four  hours  from  the  time  of  arrest
(excluding  the  time  required  to  take  the  arrested  person  from  the  place  of  arrest  to
the  Court  of  a  Judicial  Magistrate)  is  necessary,  by  reason  that—

(i) the  person  is  likely  to  continue  the  design  to  commit,  or  is  likely  to  commit,

the  cognizable  offence  referred  to  in  sub-section  (1)  after  his  release  ;  and

(ii) the  circumstances  of  the  case  are  such  that  his  being  at  large  is  likely  to

be  prejudicial  to  the  maintenance  of  public  order,

the  officer making  the arrest,  or the  officer in  charge of  the police  station, shall  produce
such  arrested  person  before  the  nearest  Judicial  Magistrate,  together  with  a  report  in
writing  stating  the  reasons  for  the  continued  detention  of  such  person  for  a  period  longer
than  twenty-four  hours.

*  Short  title  of  this  Act  has  been  amended  as  "the  Maharashtra  Police  Act" vide  Mah.  24  of  2012,

  s.  2,  Sch.  Entry  45,  w.e.f.  1-5-1960.

6

(b) Notwithstanding  anything  contained  in  this  Code  or  any  other  law  for  the  time
being  in  force,  where  the  Magistrate  before  whom  such  arrested  person  is  produced  is
satisfied  that  there  are  reasonable  grounds  for  the  temporary  detention  of  such  person
in  custody  beyond  the  period  of  twenty-four  hours,  he  may,  from  time  to  time,  by  order
remand  such  person  to  such  custody  as  he  may  think  fit :

Provided  that,  no  person  shall  be  detained  under  this  section  for  a  period  exceeding
fifteen  days  at  a  time,  and  for  a  total  period  exceeding  thiry  days  from  the  date  of  arrest
of  such  person.

(c) When  any  person  is  remanded  to  custody  under  clause  (b),  the  Magistrate  shall,
as  soon  as  may  be,  communicate  to  such  person  the  grounds  on  which  the  order  has
been  made  and  such  person  may  make  a  representation  against  the  order  to  the  Court
of  Session.  The  Sessions  Judge  may,  on  receipt  of  such  representation,  after  holding
such  inquiry  as  he  deems  fit,  either  reject  the  representation,  or  if  he  considers  that
further  detention  of  the  arrested  person  is  not  necessary,  or  that  it  is  otherwise  proper
and  just  so  to  do,  may  vacate  the  order  and  the  arrested  person  shall  then  be  released
forthwith."

Repeal  of
Mah.  Ord.
VII  of  1980
and  saving.

19. (1) The  Maharashtra  Prevention  of  Communal, Anti-social  and  other  Dangerous

Activities  Ordinance  1980  is  hereby  repealed.

Mah.
Ord.
VII  of
1980.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any
order  made)  under  the  said  Ordinance  shall  be  deemed  to  have  been  done,  taken  or
made  as  the  case  may  be,  under  the  corresponding  provisions  of  this  Act.

H-159-3360-11.13

PRINTED  AT  GOVERNMET  PRESS,  KOLHAPUR.

Maharashtra  Government  Publications
can  be  obtained  from–

 THE DIRECTOR

GOVERNMENT  PRINTING,  STATIONERY AND  PUBLICATIONS
(Publications  Branch),  Netaji  Subhash  Road,
MUMBAI-4.
Phone-(022) 23632693.

 THE MANAGER

GOVERNMENT  PHOTOZINCO  PRESS AND  BOOK  DEPOT
5,  Photozinco  Path,  PUNE-411  004.
Phone-(020) 26125808.

 THE MANAGER

GOVERNMENT  PRESS AND  BOOK  DEPOT
Civil  Lines,  NAGPUR-440  001.
Phone-(0712) 2562615.

 THE SUPERVISOR

GOVERNMENT  BOOK  DEPOT
Shaha  Ganj,  Near  Gandhi  Chowk,  AURANGABAD.
Phone-(0240) 2331525.

 THE MANAGER

GOVERNMENT  PRESS AND  STATIONERY  STORES
Tarabai  Park,  KOLHAPUR-416 003.
Phone-(0231) 2650402.

AND THE RECOGNISED BOOK SELLERS

H  159

